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RJM Law
RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3219
Experience:  LL.B (Hons)
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I made a claim to ET for unfair/constructive dismissal and

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Hello Ross
I made a claim to ET for unfair/constructive dismissal and me and the respondent exchanged documents by following ET order.
There is one email file in eml format that respondent claim that i sent to the respondent but it doesn't look like the email i sent. and i have some evidence might proof.
What kind of step i would need take?

Hello, do you mean that they are presenting something in evidence which you feel you didn't supply to them, would that be correct?

Customer: replied 1 year ago.
they want to use as evidence which claimed that i sent an email to them while i was employed. but i have a feeling that they changed the content of email. they use outlook 2010 so they can easily change email content by editing the message.
Customer: replied 1 year ago.
I check with a professional in IT but outlook 2010 doesn't leave the trace of modifying email.
Customer: replied 1 year ago.
Do ET accept email as evidence?
Customer: replied 1 year ago.
on top of that, they have closed their own email server so i can't check server too and they can also change on the server.
Customer: replied 1 year ago.
sorry, i meant they have their own email server.

Ok, so this is obviously a difficult issues. Every email ever sent in the history of emails has what is called metadata, no matter how old or new a system is and the metadata will tell you if an email has been altered. However, if it is not possible to have this looked at what you want to do is send an email to the tribunal and tell them that you wish to challenge some of the evidence which is proposed by the respondent. You will want to explain you reasons why. Additionally, if the respondent is not called upon to prove the evidence is valid (which they may well do) then any time this peace of evidence is presented in evidence then it will be noted that it has been questioned by you and this will be conserved when the evidence is looked at for judgement. However, you should write to the tribunal and state that you feel the evidence should not be used for the reasons you have stated to me. Once you have done this they will have to explain their defence to this accusation to the judge. When you send any emails to the the tribunal then ensure you copy the other parties in also to every single email.

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Many Thanks

Ross

RJM Law and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thank you very much for your help.

You are welcome. I wish you all the best with your case.